WSR 06-24-087


[ Filed December 4, 2006, 4:04 p.m. ]

Following is an amendment to chapter 137-28 WAC, Prisons -- Discipline. This amendment is submitted for publication in the Washington State Register and the Washington Administrative Code. Pertinent information follows:

1. The amendment to WAC 137-28-210, is adopted as of December 4, 2006.

2. The effective date of this amendment shall be January 4, 2007.

3. I certify pursuant to RCW 34.05.030 that the rule as stated above is excluded from the Administrative Procedure Act.

Please contact me if you have questions or concerns.

Harold W. Clarke


Reviser's note: The following material has not been adopted under the Administrative Procedure Act, chapter 34.05 RCW, but has been filed in the office of the code reviser and is published in the Register exactly as filed.


AMENDATORY SECTION(Amending WSR 95-15-044, filed 7/13/95, effective 8/15/95)

WAC 137-28-210   Hearing officers.   (1) Each hearing shall be conducted by a hearing officer(s) within the rank/classification of lieutenant or above, or corrections specialist, designated by the superintendent.

(2) The hearing officer(s) will receive training in the disciplinary process and in the identification of inmates who may be impaired in their ability to understand the hearing process and participate in their own defense.

(3) Hearing officers may not function in that capacity when they have direct personal involvement in the infraction under consideration. Such officers must disqualify themselves by giving notice to the superintendent, who will select a replacement.

(4) Direct personal involvement as that phrase is used in this section shall mean knowledge or interest acquired through witnessing or directly participating in the incident under consideration. This rule shall not preclude hearing officer participation where the hearing officer has acquired knowledge or interest indirectly or through review of the incident conducted as part of regular institutional responsibilities.

(5) Hearing officers may disqualify themselves or may be disqualified by the superintendent if actually biased for or against any inmate so that they cannot render a fair judgment in the hearing.

(6) Hearing officers must notify an infracted inmate if they are related to the infracting officer or the victim. The inmate may request another hearing officer or continue with the same hearing officer.

[95-15-044, 137-28-210, filed 7/13/95, effective 8/15/95.]

Washington State Code Reviser's Office